Madras High Court
WA/242/2024 of GOVERNMENT OF TAMIL NADU Vs V.V.OSIRAMAN on 8 September 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08-09-2026
CORAM
THE HON'BLE MR JUSTICE S. M. SUBRAMANIAM
AND
THE HON'BLE MR.JUSTICE KRISHNASWAMY GOVINDARAJAN
WA No. 242 of 2024 AND
CMP Nos.1465 and 1464 OF 2024
1. Government Of Tamil Nadu
rep by Principal Secretary to Government, School Education Department, Secretariat, Chennai-600 009.
2. The Director of Elementary Education
Chennai-600 006
3. The Block Educational Officer
Pallipattu, Tiruvallur District
..Appellants
Vs
V.V.Osiraman
S/o V.M.Venkatesan, No.58, Thoppu Street, Athimancheripettai, Pallipattu, Tiruvallur-631 207
..Respondent
Prayer : Writ Appeal under Clause XV of the Letters Patent to set aside the order dt. 17.12.2021 made in WP No.24299/2021.
For Appellants :
Mr.A.R.Suresh,
Special Government Pleader
For Respondent :
No Appearance
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Judgment
(Judgment of the Court was delivered by S.M.Subramaniam J.) State preferred the present writ appeal challenging the order dated 17.12.2021 made in W.P.No.24299 of 2021.
2. The respondent filed writ petition to grant the benefit of special allowance based on G.O.Ms.No.270, Finance (Pay Cell) Department dated 26.08.2010 and the subsequent Government Order enhancing the special allowance in G.O.Ms.No.23, Finance (Pay Cell) Department dated 05.01.2011.
3. A perusal of the Government Order issued in G.O.Ms.No.270, Finance (Pay Cell) Department dated 26.08.2010 and the consequential Government Order enhancing the special allowance in G.O.Ms.No.23, Finance (Pay Cell) Department dated 05.01.2011 would show that the special allowance has been granted to the teachers serving in the cadre of Secondary Grade Teachers. In the present case, the learned Special Government Pleader would submit that the respondent was promoted to the post of Elementary School Headmaster on 08.03.2010 even before grant of Special Allowance as per G.O.Ms.No.270 dated 26.08.2010. Thus, the respondent is not eligible to claim special allowance based on G.O.Ms.No.270 dated 26.08.2010 and the consequential G.O.Ms.No.23 dated 05.01.2011. The special allowance granted by the department is exclusively to the teachers working in the cadre of Secondary Grade Teachers. The said Government Orders are inapplicable to other posts.
4. The issue in this regard is no more res integra. A Division Bench of this Court has elaborately considered the issue in Review Application (MD) Nos.89 and 117 of 2021 vide order dated 04.02.2022. The relevant paragraphs are extracted hereunder. “
37. But, as per G.O.Ms.No.270 Finance (Pay Cell) Department, dated 26.08.2010, date for special allowance Rs.500/- ;shall take w.e.f., 01.08.2010 and on the said date none of the petitioners were working as secondary grade teachers. The notional value revised pay in the schedule given above is 01.01.2006 and not for special allowance Rs.500/-.
38. Again, as per G.O.Ms.No.23 Finance (Pay Cell) Department, dated 12.01.2011 who were eligible for special allowances as per G.O.Ms.No.270 Finance (Pay Cell) Department, dated 26.08.2010 can get special pay from 01.01.2011. B.T.Assistants can get only revised pay.
39. If two separate G.Os. for revision of pay and for special allowances had been issued confusion would not have come. Even after clarification issued on 18.04.2012, the same confusion continued.
40. As per G.O.Ms.No.270 Finance (Pay Cell) Department, dated 26.08.2010, special allowance of Rs.500/- to Secondary grade teachers from 01.08.2010 and as per G.O.Ms.No.23 dated 12.01.2011 Special Pay Rs.750/- has w.e.f., 01.01.2011.
41. So, the writ petitioners who were all promoted before 01.08.2010 cannot claim special allowance and also special pay as per G.O.Ms.No.23 Finance (Pay Cell) Department, dated 12.01.2011. In writ appeals also all the respondents/writ petitioners were promoted before the crucial date i.e., 01.08.2010. Admittedly, benefit of G.O.Ms.No.270 not given (already promoted). So, G.O.Ms.No.270 and G.O.Ms.No.23 need not be combined.”
5. The Review Applications filed by the State was allowed by the Madurai Bench of this Court in the judgment cited supra. In the present case also, facts reveal that the first respondent was promoted as Elementary School Headmaster on 08.03.2010, even before the grant of Special Allowance to the Secondary Grade Teachers as per
G.O.Ms.No.G.O.Ms.No.270 dated 26.08.2010 and the consequential G.O.Ms.No.23 dated 05.01.2011.
6. In view of the above factum, the writ order dated 17.12.2021 passed in W.P.No.24299 of 2021 is set aside and the writ appeal stands allowed. No costs. Consequently, connected miscellaneous petitions are closed.
(S.M.S.,J.) (K.G.R.,J.) 08-09-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No KST
S.M.SUBRAMANIAM J. AND KRISHNASWAMY GOVINDARAJAN J. KST WA No. 242 of 2024 08-09-2026